The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7808

                            I N  S E N A T E

                              June 20, 2012
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the education law, in relation to the duties  of  school
  districts concerning the services provided to deaf and hard of hearing
  children in the area of language and modes of communication

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 4402 of the education law is amended  by  adding  a
new subdivision 8 to read as follows:
  8.  A.  AS  USED  IN  THIS  SUBDIVISION,  UNLESS THE CONTEXT OTHERWISE
REQUIRES, "COMMUNICATION MODE OR LANGUAGE" MEANS  ONE  OR  MORE  OF  THE
FOLLOWING  LANGUAGES  OR METHODS OF COMMUNICATION APPLICABLE TO DEAF AND
HARD OF HEARING CHILDREN:
  (1) AMERICAN SIGN LANGUAGE;
  (2) CUED SPEECH;
  (3) ORAL, AURAL, SPEECH-BASED TRAINING, OR SPOKEN ENGLISH; AND
  (4) A COMBINATION OF DIFFERENT COMMUNICATION MODES.
  B. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  THE  COMMISSIONER  IS
AUTHORIZED  AND  EMPOWERED  TO  ENACT  REGULATIONS  CONCERNING  WHAT THE
COMMITTEE, OR WHEN APPLICABLE THE  SUBCOMMITTEE,  ON  SPECIAL  EDUCATION
SHALL  CONSIDER  IN  TERMS OF THE CHILD'S SPECIFIC LANGUAGE AND COMMUNI-
CATION NEEDS.
  C. THE COMMITTEE, OR WHEN APPLICABLE,  THE  SUBCOMMITTEE,  ON  SPECIAL
EDUCATION  SHALL  CONSIDER  THE DEAF OR HARD OF HEARING CHILD'S SPECIFIC
LANGUAGE AND COMMUNICATION NEEDS AND ADDRESS THOSE NEEDS AS  APPROPRIATE
IN  THE CHILD'S INDIVIDUAL EDUCATION PROGRAM. IN CONSIDERING THE CHILD'S
NEEDS, THE  COMMITTEE,  OR  WHEN  APPLICABLE,  THE  SUBCOMMITTEE,  SHALL
EXPRESSLY CONSIDER THE FOLLOWING:
  (1) THE CHILD'S INDIVIDUAL COMMUNICATION MODE OR LANGUAGE;
  (2)  THE  AVAILABILITY  TO  THE  CHILD  OF A SUFFICIENT NUMBER OF AGE,
COGNITIVE, AND LANGUAGE PEERS OF SIMILAR ABILITIES;
  (3) THE AVAILABILITY TO THE CHILD OF DEAF OR  HARD  OF  HEARING  ADULT
MODELS OF THE CHILD'S COMMUNICATION MODE OR LANGUAGE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16326-01-2

S. 7808                             2

  (4)  THE PROVISION OF APPROPRIATE, DIRECT, AND ONGOING LANGUAGE ACCESS
TO TEACHERS OF THE DEAF AND HARD OF HEARING AND INTERPRETERS  AND  OTHER
SUCH SPECIALISTS WHO ARE PROFICIENT IN THE CHILD'S PRIMARY COMMUNICATION
MODE OR LANGUAGE; AND
  (5)  THE  PROVISION  OF COMMUNICATION-ACCESSIBLE ACADEMIC INSTRUCTION,
SCHOOL SERVICES, AND EXTRACURRICULAR ACTIVITIES.
  D. NOTHING IN THIS SUBDIVISION SHALL PRECLUDE INSTRUCTION IN MORE THAN
ONE COMMUNICATION MODE OR LANGUAGE FOR ANY PARTICULAR CHILD.  ANY  CHILD
FOR  WHOM  INSTRUCTION IN A PARTICULAR COMMUNICATION MODE OR LANGUAGE IS
DETERMINED TO BE BENEFICIAL SHALL RECEIVE SUCH INSTRUCTION  AS  PART  OF
THE CHILD'S INDIVIDUAL EDUCATIONAL PROGRAM.
  E.  NOTHING  IN  THIS SUBDIVISION SHALL ABROGATE PARENTAL CHOICE AMONG
PUBLIC EDUCATIONAL PROGRAMS AS OTHERWISE PROVIDED BY LAW.
  S 2. This act shall take effect on the first of July  next  succeeding
the date on which it shall have become a law.